JB/028/118/001

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5)

Unwritten Common Law.

"by long immemorial usage, and by their universal
"reception throughout the kingdom. In like manner
"as Aulus Gellius defines the Jus non scriptum
to be that, which is 'tacito et illiterato
hoininum consensu, & moribus expressum."

From this florid account All the difference I can make out from this
between the Statute Law and the other sort
of Law is, that the former has been written as
soon as made, and the latter not till for some time
afterwards.⊞ ⊞ Here insert Inserenda, N p.1 No 1.

The remainder of this page and the whole of the three next pages are are taken up with a
history of this Unwritten Law, the revolutions it has undergone and the several
written digests that have been made of it,⊞ ⊞ that is of that branch of it which consists of General Customs or the Common Law properly so called. which Thus
Any history is so much the more edifying as it is
plain that in all the time he was writing it
he had scarce the idea in his mind the idea of any
one article of it in particular to which what he has
said of the whole can be applied. This will
appear in the next page, where having forgotten
his history of it in general, he proceeds to give us by way of
specimens, some articles of this Common Law it in particular.

If we should think it of use to pay any attention say anything to
it to this history⊞ ⊞ of the whole, what what we have to say of it it will be better understood,
after we have examined those parts of it which he has instanced. changing them I suppose as being of the number of those

Identifier: | JB/028/118/001 "JB/" can not be assigned to a declared number type with value 28.
Date_1		Marginal Summary Numbering	not numbered
Box	028	Main Headings	comment on the commentaries
Folio number	118	Info in main headings field	common law
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f5 / b6 / f7 / b8
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	9383
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